The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-05-19

tAOm--Mo0le0I Experts Diner ~ q
she Prisoners Mental COnaiti0n.-
Tho Judges IRSGruetlOn.-Argu
ments 50 the Jury.
From Thursdays Daily.
Yesterdays PROCEEDINGS.
Court adjourned at noon yesterday
after hearing the Eevidence by H. j
Morse, publisher in yesterdays NEWS
and met again at 2 O'Clock. The frs
witness called was
1. M. Heilig-Lived in Emporia about
10 months, was acquainted with both
Collier and Marlborough. Marlborough
roomed at Sargent's. roomed al
Fifth and Market. We had both
roomed at Sargent's at the same time.
He told me he came from Dallas, Tex
as, went there from North Carolina.
The day Collier was killed saw Var
borough at Sargent's at 7:30 a. m. and
at Lloyd & Thomas. store about 2
O'Clock that evening. Mr.. Burke was
in the store. l said nothing to Y. He
came in excited. 1 was sitting on stool
near counter, he sat on counter near
me. He said 1--WE had a scrap with
Collier and got the worst of it and I'm
going to get even if have to get a gun
and kill him." 7. was drunk, saw
him drunk once before. The first
time I saw him he looked deeply
flushed and sleepy and talked loud.
This time he appeared imilar, more
quiet but excited, asked to see
stockings. Mr.. Burke roomed next to
7. in same house. Cross ex.-I noticed
bruise on forehead, face was swollen,
had not known Of fight only from ru-
NOR.
John Burke-Engaged in dry goods
business, lived here five years. In No
vember was clerking in Lloyd & Thorn
as store, had known Y. for year, had
next room to him at Sargent's. We both
took meals at Mrs. Coke Watson's.
Saw Y. in the store about O'Clock the
evening Collier was killed. Mr.. Heilig
and two customers were present. Y.
came in alone and was excited, wanted
to look at hose, did not appear to know
what he was talking about; had scar
over eye. Gill, the clerk, was Us.
room mate. Y. was loud and bolster
GUS. l told him to keep quiet. He
said: 81 had this scrap with Collier
and I'm going to get even with him."
heard him say he would kill Collier.
He remained only few minutes and
went out. l knew he drank. Never saw
him drunk but once, that was the even
ing before in my room, our rooms
joined, folding doors between. 1 saw
him drink once. He kept liquor in
his drawer. Monday morning, was as
sober as 1 am; Monday night, talked
like he was not responsible for what he
said. Cross-ex.-Several times heard
him talk in his sleep; he Away COM
planned Of headache; never before saw
him in such a condition as he was
Monday night. He was suffering
under some terrible excitement. 1
always thought him a perfect gentle
man; never saw him otherwise. Mon
day evening heard nothing vulgar.
Sunday evening was very vulgar. Mr..
Gill is in st. Louis, believe.
W. H. Rhodes-In November was
running a confectionery store corner
Commercial and Seventh. Was not
acquainted with Collier, was introduced
to Y. Sunday night. 1 had previously
lived in Texas. He asked If had q
revolver. I said yes. He asked me to
loan my revolver; told him it was
something had never done. asked
him if he had any difficulty lately, he
said no, he simply wanted to carry it
till morning. He was very quiet,
loaned him the revolver, it was loaded.
w. A. Nesbitt was there.
The revolver was produced In court
but witness could not identify it.
Cross ex-Revolver was a Duncan 3S.
Had never met Y. before Sunday even
ing, when he came in with Deter, saw
no appe arance then Of liquor drinking,
Monday eve saw no marks or swellings
on his face, could not say he was ex-
cited, he came in very gentlemanly,
went out same way, was in about seven
minutes, he spoke of meeting Sunday
evening. Louis Hill was there, Hill is
in Illinois, dim lights Monday night,
only had the revolver four days, Jess
Button had put it in soak with me.
w. A. Nesbitt-Am with Tanner
Bros. 81 Heed, did not know either Y.
or Collier, saw Y. night of shooting a
little after o'clock in Rhodes, he
asked for a gun, on not getting it he
began arguing about it, they went in
back room. did not hear what was said
there, the boy clerk came up near
money drawer and went back, Y.
seemed to ask in ordinary tone and
way, asked the mans name, recog-
niZed him that night when the officers
brought him down.-The witness here
identified the prisoner.-Saw nothing
about the appearance of Y. to attract
attention, Rhodes had loaned revolver
because Y. was a friend of Geo. Deter's,
Rhodes and Deter were old friends in
Texas.
Mrs. II. v. Bundrem-Live on Mar
ket and Ninth, was acquainted with
Collier since May. He was rooming at
my house. Saw Col. and Y. together
several times. Mrs. Weaver, Mr.. Jones,
Mr.. Collier and myself were present
Monday evening, heard rap at door, !
rose to answer, Collier said he would
go, as ne went through still kept hold
of the door. He had barely time to
open the outer door when / heard the
pistol report. No light in the hall only
what could be seen over tranSom.
Heard not a word at the door. He
passed me and said, MRS. Bundrem,
I'm shot" He walked to the kitchen,
then saw Y. I told him not to shoot;
he said mo, wont shoot you, / came
here to kill Collier and he walked off so
Y. with revolver in hand looking at G.
He said he came to kill G. and hoped to
God he had done it. He pushed his
hat back and said, 'ThiS is what i
killed him for pointing to marks on
his forehead. He gave me the revolver
and put it away. Mr.. B. afterwards
gave it to the sheriff. Wanted Mr.. B.
to protect him; was afraid of ng
mobbed. Became excited; said he
was in Texas he would be lynched in
side of an hour, Cross ex.-Collier had
been in half an hour before Y. came.
opened the door and @. passed out; he
pulled the door to. 1 heard him open
the outer door, heard the report, then ]
opened the door and saw Y. in the
outer door and G. hold of the knob.
took Y. by the arm and stopped hin
from going into the sitting room. Mr..
b. came in from the barn and wanted
to know the trouble. Y. backed out
into the hall and on to the porch. Mr.
b. asked him for the revolver, and HI
said, mo, it is the best friend have
now" Mr.. B. took him in the kitchen